TITLE II
Extradition from Austria

CHAPTER TWO
Jurisdiction and Procedure

Detention Pending Extradition
§ 29. (4) If detention pending extradition is imposed on a person who is not represented by a defender counsel, such a defender counsel shall be assigned to this person directly (§ 61 (1) item 1 of the Code of Criminal Procedure). § 61 (2) to (4) and § 62 of the Code of Criminal Procedure shall be applied in analogy.

Part 2
Specific provisions
Section 2

17. Questioning of suspects
1. Persons questioned pursuant to a request from the International Criminal Court on suspicion of having committed a crime within its jurisdiction shall, prior thereto, be informed of the crime they are suspected of and of their right to:
(2) be represented by the counsel of their choice, and, where they have no counsel, to be assigned counsel pursuant to paragraph 41(2) of the Code of Criminal Procedure

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Three
Procedure for Approval of Surrender

Instruction on Legal Rights
§ 16a. (1)
5. the right to be represented by a defence lawyer in the issuing state whose task consists in supporting the Austrian defence lawyer with information and advice.

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Three
Procedure for Approval of Surrender

Instruction on Legal Rights
§ 16a. (1)
3. the right to involve a defence lawyer in case of arrest including the right to contact with a defence lawyer on duty (§ 18, § 29 para. 3 ARHG, § 59 StPO) and the right to be represented by a defence lawyer in case of detention pending surrender (necessary defence, § 18, § 29 para. 4 ARHG, § 61 para.1 StPO);

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Three
Procedure for Approval of Surrender

Instruction on Legal Rights
§ 16a. (3) If the person against whom the European arrest warrant has been issued, is juvenile, she/he is to be instructed on her/his rights pursuant to an analogous application of § 32a of the Juvenile Offencer’s Act 1988 – Jugendgerichtsgesetz 1988 - JGG, Federal Law Gazette No. 599/1988. The legal representative has to be informed of such instruction as soon as possible.

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Four
Obtaining the Execution of a European Arrest Warrant

Right to a defence lawyer
§ 30a. (1) A person, who was arrested on the basis of a European arrest warrant issued by an Austrian judicial authority has the right to authorise a defence lawyer.

(2) If the executing authority informs the public prosecutor that the person concerned intends to make use of this right the public prosecutor has to inform the person concerned about his/her possibility to contact an “on-duty defence lawyer” (§ 59 para. 4 StPO) and the possibilities of authorising a defence lawyer as well as the perequisites for being granted a legal aid defence lawyer (§ 61 para. 2 StPO).

(3) If the person has been provided with a legal aid defence lawyer pursuant to § 61 para. 2 StPO his/her scope of activity if necessary also includes the support of the defence lawyer in the execution State.